As a Listing Agent, do I need to present all offers to the Seller even though we have an executed contract and the property is in Pending Sale status in the MLS?. Or, do we have to present any offers just while we are negotiating a contract and the property is active on the market.?
You need to present all offers to the Seller or Landlord until the property is closed or Rented. Unless you have a written agreement between the Seller or Landlord and the Listing Broker saying otherwise, or if prohibited by law, government rule, or regulation. See below Section 2.2 of the Policies and Procedures – Rules and Regulations of the Miami Association of Realtors®, Inc. Multiple Listing Service 2021.
Section 2.2: Submission of Written Offers: The listing broker must submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing broker. If such a written agreement is in place and Listing Broker refuses to present an offer, a copy of the written agreement must accompany the offer not being submitted to the seller or a rejected offer. Or unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer. Cooperating Broker can include Request for Affirmation of Presentation of Offer Form with a written offer to provide a written affirmation as to the presentation of the purchase offer to the seller/landlord, or written notification that seller/landlord has waived the obligation to have the offer presented. (Pursuant to Code of Ethics Article 1 and Standard of Practice 1-7)